Identical to S 98, filed 2/15/21.
Disapproves the following rules, which were adopted by the North Carolina Environmental Management Commission on July 9, 2020, and approved by the Rules Review Commission on October 15, 2020: 15A NCAC 13B .0535 (Application Requirements for C&DLF Facilities), 15A NCAC 13B .0545 (Assessment and Corrective Action Program for C&DLF Facilities and Units), 15A NCAC 13B .1603 (General Application and Requirements and Processing), 15A NCAC 13B .1617 (Application Requirements for MSWLF Facilities), and 15A NCAC 13B .1631 (Groundwater Monitoring Systems).
The Daily Bulletin: 2021-02-15
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The Daily Bulletin: 2021-02-15
PUBLIC/HOUSE BILLS
H 80 (2021-2022) DISAPPROVE VARIOUS SOLID WASTE RULE CHANGES. Filed Feb 15 2021, AN ACT TO DISAPPROVE CERTAIN RULES RELATED TO SOLID WASTE MANAGEMENT FACILITIES ADOPTED BY THE ENVIRONMENTAL MANAGEMENT COMMISSION.
| Intro. by Dixon, Bell. | UNCODIFIED |
H 81 (2021-2022) IN-STATE TUITION PILOT PROGRAM. Filed Feb 15 2021, AN ACT TO AUTHORIZE THE STATE BOARD OF COMMUNITY COLLEGES TO IMPLEMENT AN IN-STATE TUITION PILOT PROGRAM FOR RESIDENTS OF CERTAIN GEORGIA COUNTIES.
Identical to S 8, filed 1/27/21.
Requires the State Board of Community Colleges to establish and implement an in-state tuition pilot program for residents of four named counties in Georgia. Requires that the program allow Tri-County Community College to offer in-State tuition to residents of those counties but prohibits displacing a North Carolina resident in order to do so. Requires an annual report on specified information about the program, with the first report due on September 30, 2022, to the specified NCGA committee and division. The pilot program expires at the end of the 2024-25 academic year.
Applies beginning with the 2021-22 academic year.
| Intro. by Gillespie. | STUDY |
H 82 (2021-2022) SUMMER LEARNING CHOICE FOR NC FAMILIES. Filed Feb 15 2021, AN ACT TO ESTABLISH SCHOOL EXTENSION LEARNING RECOVERY AND ENRICHMENT PROGRAMS IN EACH LOCAL SCHOOL ADMINISTRATIVE UNIT TO MITIGATE THE IMPACTS OF COVID-19 ON AT-RISK STUDENTS.
Part I
Mandates local school administrative units to offer a six-week school extension learning recovery and enrichment program (program) outside of the instructional calendar, following the 2020-21 school year, within funds available to the units, including federal Coronavirus relief funds. Describes the program's purpose. Directs participant prioritization based on at-risk identification, with participation open to others within space available. Details program planning and requirements. Requires units to submit a program plan to the Department of Public Instruction (DPI) within 30 days prior to the final instructional day of the 2020-21 school year; requires DPI approval or notification of needed changes within 21 days of receipt. Encourages charter schools to also submit program plans as appropriate. Identifies eight components program plans must contain, including (1) instruction for at least five hours a day, five days per week for six weeks; (2) lunch service; (3) a physical activity period during each instructional day; (4) grade level course offerings, as specified for K-3 students, grade 4-8 students, and high school students; (5) transportation service; (6) voluntary participation by at-risk students, with participating K students exempt from retention for the 2021-22 school year, and required reassessment of promotion eligibility for others at risk of retention for the 2021-22 school year; (7) opportunity for other students to participate within the space available; and (8) outreach to increase program participation.
Requires local boards of education to employ teachers and school personnel as contracted temporary employees for the duration of the program. Specifies the effect of this temporary employment with regards to the Teachers' and State Employees' Retirement System. Excludes the program from class size requirements for grades K-3.
Authorizes units to use funds allocated for reading camps for 2021-22 to support the program. Effective July 1, 2021.
Requires DPI to report to the specified NCGA committee by October 15, 2021, on program implementation, and include copies of program plans submitted to DPI, along with any other useful data for evaluation of the program.
Part II
Enacts GS 115C-174.23 to direct the State Board of Education to provide for and require units to implement innovative benchmark assessments, as described, in certain grades and core subject areas to allow teachers to more frequently measure student learning and address student learning loss throughout the school year. Applies beginning with the 2021-22 school year.
| Intro. by Moore, Elmore, Torbett, Zenger. | UNCODIFIED, GS 115C |
H 83 (2021-2022) REV. LAWS TECH., CLARIFYING, & ADMIN. CHANGES. (NEW) Filed Feb 15 2021, AN ACT TO MAKE VARIOUS TECHNICAL, CLARIFYING, AND ADMINISTRATIVE CHANGES TO THE REVENUE LAWS, AS RECOMMENDED BY THE DEPARTMENT OF REVENUE.
Enacts a new deduction for individual taxpayers under GS 105-153.5. Allows a taxpayer to deduct the amount received from the federal government as retirement pay for a retired US Armed Forces member who has served at least 20 years. Bars also deducting the same amount under the existing deduction provided for certain State, local and federal government retirement plans under subdivision (b)(5). Makes conforming changes. Effective for taxable years beginning on or after January 1, 2021.
| Intro. by Szoka, Bradford, Bell, Wheatley. | GS 105 |
The Daily Bulletin: 2021-02-15
PUBLIC/SENATE BILLS
S 93 ASSISTING NC FAMILIES IN CRISIS. Filed Feb 15 2021, AN ACT TO ALLOW PARENTS TO RETAIN MEDICAID ELIGIBILITY WHILE THEIR CHILD IS TEMPORARILY SERVED BY THE FOSTER CARE SYSTEM.
Amends Section 9A of SL 2015-245, as enacted by Section 2 of SL 2016-121, concerning the implementation of plans to transform the Medicaid and NC Health Choice Programs. Currently, Section 9A authorizes the Department of Health and
Human Services (DHHS) to seek approval from the Centers for Medicare & Medicaid Services (CMS) through the demonstration waiver application pursuant to Section 1115 of the Social Security Act, or other waivers and State Plan amendments to implement the act, in order to allow parents to retain Medicaid eligibility while their child is being served temporarily by the foster care program. Amends the provisions to require DHHS to seek approval from CMS through the 1115waiver required by the act, or another 1115 waiver, to allow parents to retain Medicaid eligibility who are participating in, and making reasonable efforts to comply with, a court-ordered substance use disorder or other mental health disorder treatment program or counselling while their child is being served temporarily by the foster care program. Eliminates the statement of legislative intent to expand Medicaid eligibility to cover this population upon implementation of the 1115 waiver, if approved by CMS.
Makes related changes to GS 108A-54.3A, which sets forth eligibility categories and income thresholds for Medicaid coverage. Adds a new category to require coverage for a parent who has qualified under the family eligibility categories and income levels of subdivisions (1) and (2) who are participating in a court-ordered substance use disorder or other mental health disorder treatment program or counselling and has one or more children that are temporarily in the legal custody of a State-sponsored foster care or temporarily receiving foster care assistance under Title IV-E of the Social Security Act. Requires maintaining the income requirements specified to retain Medicaid eligibility under the new subdivision. Makes these provisions effective upon CMS granting approval of a 1115 waiver, as required to be obtained by the act, and upon the date CMS allows.
| Intro. by Britt, Burgin, Krawiec. | UNCODIFIED, GS 108A |
S 94 (2021-2022) TRAMPOLINE PARK REGULATION/STUDY/FUNDS. Filed Feb 15 2021, AN ACT REGULATING TRAMPOLINE PARKS IN THIS STATE IN THE SAME MANNER AS ZIP LINES AND CHALLENGE COURSES BY REQUIRING THE OPERATOR TO OBTAIN LIABILITY INSURANCE AND DIRECTING THE DEPARTMENT OF LABOR TO STUDY TRAMPOLINE PARK FINANCIAL RESPONSIBILITY AND APPROPRIATING FUNDS FOR THAT PURPOSE.
Amends Article 47 of GS Chapter 66, expanding the Article's provisions concerning financial responsibility at zip line and challenge courses to include trampoline parks. Defines trampoline park to mean a facility or facilities containing one or more trampolines that is open to the public and for which a fee is charged. Requires trampoline park owners or operators to carry insurance coverage of at least $1 million per occurrence and $2 million per aggregate against liability for injury to persons or property arising out of the facility's operation or use of the device. Requires proof of insurance as required under existing law. Exempts from the Article a trampoline installed at a private residence that is not open to the public and for which no fee is charged.
Directs the Department of Labor (Department) to study the financial liability of trampoline parks operating in NC and to report to the 2021 NCGA by April 30, 2022. Appropriates $50,000 from the General Fund to the Department for the 2021-22 fiscal year and $50,000 for the 2022-23 fiscal year to conduct the study. Effective July 1, 2021.
S 95 (2021-2022) MILITARY SURVIVING SPOUSE SPEC. PLATE RENEWAL. Filed Feb 15 2021, AN ACT PERMITTING SURVIVING MILITARY SPOUSES TO RENEW SPECIAL REGISTRATION PLATES.
Amends GS 20-79.4 to allow special license plates based on military service to be continue to be renewed by the surviving spouse of a person who had one of the special plates as long as the surviving spouse does not remarry (previously this was only allowed for the spouse of a person who had a prisoner of war plate). Makes conforming deletions.
Amends GS 20-79.7 by making conforming changes to require the specified military plates to be issued free of charge for qualifying surviving spouses.
Effective December 1, 2021.
| Intro. by Davis, Burgin. | GS 20 |
S 96 (2021-2022) LOCAL LEO WEAPON PURCHASE. Filed Feb 15 2021, AN ACT TO AUTHORIZE LOCAL LAW ENFORCEMENT OFFICERS TO PURCHASE PRIOR WEAPON USED.
Amends GS 20-187.2 to allow active members of city and county law enforcement agencies, upon change of type of weapons, to purchase the weapon worn or carried by the member. Makes the purchase subject to the existing pricing requirements that apply to State law enforcement. Makes other technical changes.
| Intro. by Davis, Daniel, Alexander. | GS 20 |
S 98 (2021-2022) DISAPPROVE VARIOUS SOLID WASTE RULE CHANGES. Filed Feb 15 2021, AN ACT TO DISAPPROVE CERTAIN RULES RELATED TO SOLID WASTE MANAGEMENT FACILITIES ADOPTED BY THE ENVIRONMENTAL MANAGEMENT COMMISSION.
Identical to S 60, filed 2/8/21.
Disapproves the following rules, which were adopted by the North Carolina Environmental Management Commission on July 9, 2020, and approved by the Rules Review Commission on October 15, 2020: 15A NCAC 13B .0535 (Application Requirements for C&DLF Facilities), 15A NCAC 13B .0545 (Assessment and Corrective Action Program for C&DLF Facilities and Units), 15A NCAC 13B .1603 (General Application and Requirements and Processing), 15A NCAC 13B .1617 (Application Requirements for MSWLF Facilities), and 15A NCAC 13B .1631 (Groundwater Monitoring Systems).
| Intro. by B. Jackson. | UNCODIFIED |
S 99 (2021-2022) CLARIFY LAW ON THEFT OF CATALYTIC CONVERTERS. Filed Feb 15 2021, AN ACT TO CLARIFY THAT, UNLESS THE CONDUCT IS COVERED UNDER ANOTHER PROVISION OF LAW PROVIDING GREATER PUNISHMENT, LARCENY OF A CATALYTIC CONVERTER IS A CLASS I FELONY, TO REQUIRE SECONDARY METALS RECYCLERS TO MAINTAIN AN ELECTRONIC RECORD OF CERTAIN INFORMATION FROM TRANSACTIONS INVOLVING THE SALE OF CATALYTIC CONVERTERS, TO INCLUDE A FINE AS PUNISHMENT FOR CERTAIN VIOLATIONS INVOLVING THE PURCHASE OF CATALYTIC CONVERTERS, TO PROVIDE THAT SECONDARY METALS RECYCLERS CAN ONLY PURCHASE CATALYTIC CONVERTERS FROM CERTAIN PEOPLE AND ONLY SECONDARY METALS RECYCLERS CAN PURCHASE USED CATALYTIC CONVERTERS, AND TO MAKE CONFORMING CHANGES.
Amends GS 14-72.8, making larceny of a catalytic converter a Class I felony. Creates a presumption of felony larceny of a catalytic converter when a person is in possession of a catalytic converter that has been removed from a motor vehicle, unless the person is an employee or agent of a company, a contractor, or an individual in the business of installing, replacing, maintaining, or removing catalytic converters, and is acting in the person's official duties; or the person is an individual who removed the catalytic converter to repair a motor vehicle and is either intending to reattach or lawfully dispose of the catalytic converter. Makes organizational changes.
Amends GS 66-421(b), which sets forth record keeping requirements for secondary metals recyclers. More specifically requires secondary metals recyclers maintain electronic records (was, records) of all purchase transactions of regulated metals. Adds to the information records must contain to include (1) a copy of the title of the vehicle or other proof of ownership in transactions involving catalytic converters that are attached to a vehicle, and (2) a description of how the company, contractor, or metal recycler obtained the catalytic converter for those that are not attached to the motor vehicle, including any model, serial, or other identification numbers for the vehicle or other product from which it was removed from. Applies to purchases on or after December 1, 2021.
Amends GS 66-429 to make violations of Part 3, Regulation of Sales and Purchase of Metals, Article 45, involving catalytic converters punishable by a $1,000 fine for each violation.
Applies to offenses committed on or after December 1, 2021.
S 100 (2021-2022) POLICE FUNDING PROTECTION ACT. Filed Feb 15 2021, AN ACT PROVIDING THAT CITIES AND COUNTIES THAT REDUCE FUNDS FOR LAW ENFORCEMENT OFFICERS OR LAW ENFORCEMENT AGENCIES BY AN AMOUNT THAT EXCEEDS ONE PERCENT OF THE FUNDS APPROPRIATED IN ANY FISCAL YEAR FOR ALL OTHER CITY OR COUNTY EMPLOYEES OR DEPARTMENTS, OR BOTH, SHALL RECEIVE A CORRESPONDING REDUCTION IN STATE-SHARED REVENUE AND DIRECTING THE NORTH CAROLINA CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS COMMISSION AND THE NORTH CAROLINA SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION TO SUBMIT RECOMMENDATIONS TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON JUSTICE AND PUBLIC SAFETY ON LAW ENFORCEMENT EQUIPMENT INVENTORY STANDARDS, EQUIPMENT MAINTENANCE STANDARDS, AND EQUIPMENT REPLACEMENT STANDARDS.
Enacts new GS 159-16.1 (applicable to cities), providing as follows.
Provides that if a city's governing board, in any fiscal year, reduces funds appropriated in its annual budget for compensation for full-time, certified, sworn law enforcement officers or for police department operating expenses, or both, by an amount exceeding 1% of the funds appropriated in that fiscal year for compensation for all other full-time city employees, or operating expenses for all other city departments, or both, then the city's share of funds under GS 136-41.1 (distributing the appropriation of funds by the General Assembly to the Department of Transportation for State aid to municipalities) must be reduced by that amount in that fiscal year. Requires that when the amount over 1% exceeds the city's share of funds under GS 136-41.1, that the city's share of funds distributed pursuant to the additional specified provisions be reduced in the listed order until the remaining balance has been satisfied. Also provides that if a city's governing board, in any fiscal year, eliminates or reallocates 100% of the funds appropriated in its annual budget for compensation for full-time, certified, sworn law enforcement officers or police department operating expenses, or both, then the city will be ineligible to receive funds distributed pursuant to the specified statutory provisions. Requires any of the impacted funds that were distributed after a city's governing body has reduced, eliminated, or reallocated funds as described above, to be returned to the State in the fiscal year in which they were distributed. Requires that no later than 15 days after the city's funds have been reduced, eliminated, or reallocated that the city's finance officer make a written report on the actions to the Secretary of the Department of Revenue, specified NCGA committee chairs and division, and the Office of State Budget and Management. Allows a city that has undergone the 1% reduction of funds or that has had to return funds to submit a written request to the chairs of the House and Senate Appropriations committees asking the committees to meet jointly to review the reduction of funds for law enforcement in order to determine whether the reduction was reasonable; if the reduction is found to have been reasonable and did not cause significant negative impact to public safety, the joint committee may recommend to the full NCGA that the city's share of funds be restored.
Enacts new GS 159-16.2 establishing similar provisions for reductions made by the governing board of a county to the annual budget for full-time certified deputy sheriffs, sheriff's office operating expenses, or both.
Requires the North Carolina Criminal Justice Education and Training Standards Commission and the North Carolina Sheriffs' Education and Training Standards Commission, by October 1, 2021, to make recommendations to the specified NCGA committee on the following issues for law enforcement agencies under their jurisdiction: (1) minimum equipment inventory law enforcement agencies should have available for their use, (2) minimum standards for maintaining the equipment, and (3) minimum standards for determining when the equipment should be replaced. Sets out issues to be considered when developing the recommendations.
Effective July 1, 2021.
| Intro. by Edwards, Sanderson, Britt. | GS 159 |
S 101 (2021-2022) REQUIRE COOPERATION WITH ICE 2.0. Filed Feb 15 2021, AN ACT TO REQUIRE COMPLIANCE WITH IMMIGRATION DETAINERS AND ADMINISTRATIVE WARRANTS AND TO REQUIRE CERTAIN REPORTS FROM LOCAL LAW ENFORCEMENT.
Amend GS 162-62 to mandate administrators or another person in charge of a county jail, local confinement facility, district confinement facility, or satellite jail/work unit to make a query of Immigration and Customs Enforcement (ICE) of the US Department of Homeland Security when unable to determine if a prisoner who is charged with a felony or an impaired driving offense is a legal resident or citizen of the United States or its territories (previously mandated, but qualified with "where possible"). Adds a new requirement for an administrator or another person in charge of such a facility to hold a prisoner for 48 hours from the receipt of detainer, regardless of satisfaction of pretrial release conditions, if (1) in receipt of a detainer request from ICE and (2) the prisoner is charged with a crime under GS 90-95 (violations and penalties of the Controlled Substances Act), Article 6 (Homicide), Article 7B (Rape and Other Sex Offenses), Article 10A (Human Trafficking), or Article 13A (NC Gang Suppression Act) of GS Chapter 14. Allows for release within that period upon proof that the prisoner is a legal resident and satisfaction of all other pretrial release conditions imposed. Makes willful failure to make a query of ICE when required to do so or the willful failure to hold a prisoner for 48 hours when required to do so a Class 1 misdemeanor. Makes conforming changes.
Establishes an annual reporting requirement, beginning October 1, 2022, for every administrator or another person in charge of a subject facility to report on its compliance with GS 162-62, as amended, to the specified NCGA committee. Details seven components required of the reports, including the number of times an ICE detainer request was sent and the number of times a prisoner was held for the full 48 hours.
Amends GS 15A-534 concerning conditions for pretrial release, to require any direct or collateral circumstances that may increase the likelihood of the defendant failing to appear at a court proceeding or increase the difficulty in locating the defendant upon failure to appear at a court proceeding to be taken into account. Makes language gender neutral.
Applies to offenses committed on or after December 31, 2021.
The Daily Bulletin: 2021-02-15
The Daily Bulletin: 2021-02-15
LOCAL/SENATE BILLS
S 97 (2021-2022) PITT COUNTY/CONTRACTED AMBULANCE SERVICES. Filed Feb 15 2021, AN ACT TO ALLOW PITT COUNTY TO USE ATTACHMENT AND GARNISHMENT AND LIEN FOR COUNTY-CONTRACTED AMBULANCE SERVICES SUPPLEMENTED BY COUNTY FUNDS.
Amends SL 2014-72 to also include Pitt County among those who may use attachment and garnishment and lien to collect the amount due for services provided by county-contracted ambulance services that are supplemented by county funds.
| Intro. by Davis. | UNCODIFIED, Pitt |
ACTIONS ON BILLS
Actions on Bills: 2021-02-15
PUBLIC BILLS
H 4: EXTEND ABC PERMIT RENEWAL FEE DEFERRAL.
Senate: Reptd Fav
H 71: LIVING DONOR PROTECTION ACT.
House: Passed 1st Reading
House: Ref to the Com on Health, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House
H 72: AUDIOLOGY MODIFICATIONS.
House: Passed 1st Reading
House: Ref to the Com on Health, if favorable, Rules, Calendar, and Operations of the House
H 73: TEMPORARILY WAIVE ABC PERMIT RENEWAL FEES. (NEW)
House: Passed 1st Reading
House: Ref to the Com on Alcoholic Beverage Control, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House
House: Passed 1st Reading
House: Ref to the Com on Alcoholic Beverage Control, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House
H 74: APSEED PILOT PROJECT/FUNDS.
House: Passed 1st Reading
House: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House
H 75: GOV'T RETIREES TAX DEDUCTION.
House: Passed 1st Reading
House: Ref to the Com on Finance, if favorable, State Personnel, if favorable, Rules, Calendar, and Operations of the House
H 80: DISAPPROVE VARIOUS SOLID WASTE RULE CHANGES.
House: Filed
H 81: IN-STATE TUITION PILOT PROGRAM.
House: Filed
H 82: SUMMER LEARNING CHOICE FOR NC FAMILIES.
House: Filed
H 83: REV. LAWS TECH., CLARIFYING, & ADMIN. CHANGES. (NEW)
House: Filed
House: Filed
S 38: SPORTS WAGERING AMENDMENTS. (NEW)
Senate: Reptd Fav
Senate: Reptd Fav
S 54: CONFIRM GOVERNOR'S APPTS/MINING COMMISSION.
Senate: Regular Message Sent To House
S 85: ALLOW VISION SERVICE PLANS. (NEW)
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 86: MEDICAID RECS./CWBTC.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 87: MEDICAID REIMBURSEMENT/CHARTER SCHOOLS.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
Senate: Withdrawn From Com
Senate: Re-ref to Health Care. If fav, re-ref to Rules and Operations of the Senate
S 88: NC FAST CHILD WELFARE CASE MGMT./PED STUDY.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 89: REGIONAL SUPERVISION/REFORMS/CWBTC RECS.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 90: SOCIAL SERVICES REFORM/CWBTC RECS.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 92: INSURANCE REFERRAL FEE CAP.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 93: ASSISTING NC FAMILIES IN CRISIS.
Senate: Filed
S 94: TRAMPOLINE PARK REGULATION/STUDY/FUNDS.
Senate: Filed
S 95: MILITARY SURVIVING SPOUSE SPEC. PLATE RENEWAL.
Senate: Filed
S 96: LOCAL LEO WEAPON PURCHASE.
Senate: Filed
S 98: DISAPPROVE VARIOUS SOLID WASTE RULE CHANGES.
Senate: Filed
S 99: CLARIFY LAW ON THEFT OF CATALYTIC CONVERTERS.
Senate: Filed
S 100: POLICE FUNDING PROTECTION ACT.
Senate: Filed
S 101: REQUIRE COOPERATION WITH ICE 2.0.
Senate: Filed
Actions on Bills: 2021-02-15
LOCAL BILLS
S 84: 43RD SENATORIAL DISTRICT LOCAL ACT-1.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 91: 9TH SENATORIAL DISTRICT LOCAL ACT-1.
Senate: Passed 1st Reading
Senate: Ref To Com On Rules and Operations of the Senate
S 97: PITT COUNTY/CONTRACTED AMBULANCE SERVICES.
Senate: Filed
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